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| | SSR 73-28 |
 | | A medical report by K's attending physician concluded that, based on his personal observation and knowledge of medical literature, it was possible for the period of gestation to have begun in March 1971, at a time when R was alive. |
 | | In Jackson, supra, at 148-150, the court concluded that a period of 350 days was so far in excess of the normal term of gestation as to make it impossible for the decedent to have been the father of the child. |
 | | Accordingly, it is held that the fact that there was a longer than average period of gestation in this case does not, by itself, rebut the presumption of legitimacy and C is the child of the deceased worker and entitled to child's insurance benefits. |
| www.ssa.gov /OP_Home/rulings/oasi/53/SSR73-28-oasi-53.html (439 words) |
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